The Whistleblowing Policies in Romania’s Labour Law

Whistleblowers are workers or civil servants who identify illegal or immoral acts in the public institution or the company they work in, and choose to report them to the competent bodies of the state. The consequence of their act can be sacrificing one’s own career, or even their social life. However, society owes them so very much, and it is normal to create a mechanism to protect whistleblowers against the potential retaliation of the organization – or of the representatives of the public institution – in relation to which they violated their confidentiality obligation. The paper includes a compared law analysis of the means to protect whistleblowers, in an attempt to identify weak points in the Romanian legislation. It also comprises an analysis of the concrete ways in which the legislation that protects whistleblowers public servants is applied in Romanian public institutions. Proposals to define and clarify the circumstances of whistleblowing acts that are susceptible of protection, and de lege ferenda proposals meant to extend and render more efficient their protection if the Romanian institutions have been formulated.